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[p37]
The Vice-President of the International Court of Justice, Acting President
in this case,
having regard to Articles 40 and 48 of the Statute of the Court, having
regard to Articles 32 and 37 of the Rules of Court ;
Whereas on May 19th, 1953, the Italian Minister at The Hague deposited in
the Registry a Declaration under which, with reference to the Resolution of
the Security Council of the United Nations dated October 15th, 1946, the
Italian Government accepts the jurisdiction of the Court, in accordance with
the Charter of the United Nations and subject to the conditions of the
Statute and Rules of Court, in respect of the disputes referred to under (b)
of the "Statement to accompany publication of the Agreement" of April 25th,
1951, between the Governments of the French Republic, the United Kingdom of
Great Britain and Northern Ireland, and the United States of America for the
submission to an arbitrator of certain claims with respect to gold looted by
the Germans from Rome, and undertakes to comply in good faith with the
decision or decisions of the Court in the said disputes and to accept all
the obligations of a Member of the United Nations under Article 94 of the
Charter,
Whereas the Italian Minister at The Hague, duly authorized by his Government
and as its Agent, filed, at the same time as the Declaration accepting the
jurisdiction of the Court, an Application [p 38] instituting proceedings
before the Court against the Governments of the French Republic, the United
Kingdom of Great Britain and Northern Ireland, and the United States of
America, regarding the disposal of a quantity of monetary gold removed from
Rome in 1943,
Whereas the Application refers to, and quotes the terms of, the "Statement
to accompany the publication of the Agreement" of April 25th, 1951,
mentioned above,
Whereas the said Statement provides that in certain circumstances Italy may
make an application to the Court and that the three Governments mentioned
above accept its jurisdiction,
Whereas the Application thus specifies the provisions on which the Applicant
founds the jurisdiction of the Court,
Whereas the Application also states the nature of the claim and gives a
succinct statement of the facts and grounds on which the claim is based ;
Whereas, therefore, the Application fulfils the formal conditions laid down
by the Rules of Court,
Whereas, by a letter dated May 22nd, 1953, the Minister for Foreign Affairs
of the French Republic notified the appointment of M. André Gros, Legal
Adviser of the Ministry, as Agent of the French Government,
Whereas, by a letter dated June 5th, 1953, the Secretary of State of the
,United States of America notified the appointment of the Honorable Herman
Pnleger, the Legal Adviser of the Department of State, as Agent of the
Government of the United States,
Whereas, by a letter dated June 24th, 1953, Her Majesty's Ambassador at The
Hague notified the appointment of Mr. G. G. Fitzmaurice, Legal Adviser to
the Foreign Office, as Agent of the Government of the United Kingdom,
Whereas the Agents of the Parties have stated their views with regard to
questions of procedure, the Agents of the Italian Government and of the
Government of the United Kingdom of Great Britain and Northern Ireland
having proposed that a time-limit of four months should be provided for each
of the first two Pleadings,
Whereas there is no objection to this proposa1;
Fixes as follows the time-limits for the filing by the Parties of the said
Pleadings :
for a Memorial by the Government of the Italian Republic : November 2nd,
1953; [p 39]
for Count2r-Memorials by the Governments of the French Republic, the United
Kingdom of Great Britain and Northern Ireland and the United States of
America : March 2nd, 1954 ;
And reserves the rest of the procedure for further decision.
Done in English and French, the English text being authoritative, at the
Peace Palace, The Hague, this first day of July, one thousand nine hundred
and fifty-three, in five copies, one of which will be placed in the archives
of the Court and the others will be transmitted to the Governments of the
Italian Republic, of the French Republic, of the United Kingdom of Great
Britain and Northern Ireland and of the United States of America,
respectively.
(Signed) J. G. Guerrero,
Vice-President.
(Signed) Garnier-Coignet,
Deputy-Registrar. |
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